Champ Spring Co. v. Roth Tool Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) As between landlord and tenant, the question of whether trade fixtures become part of realty or remain chattels and removable by tenant is most liberally construed in favor of the tenant. 13 Am. and Eng. Eney. of Law (2 Ed.), p. 639; Kerr v. Kingsbury, 39 Mich. 150; Morrison v. Sohn, 90 Mo. App. 76; Tyler v. White, 68 Mo.
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Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) As between landlord and tenant, the question of whether trade fixtures become part of realty or remain chattels and removable by tenant is most liberally construed in favor of the tenant. 13 Am. and Eng. Eney. of Law (2 Ed.), p. 639; Kerr v. Kingsbury, 39 Mich. 150; Morrison v. Sohn, 90 Mo. App. 76; Tyler v. White, 68 Mo. App. 607; Cohen v. Kyler, 27 Mo. 122. (2) The tenant has rights which persons in other relations do not possess, as to the removal of trade fixtures. 13 Am. and Eng. Ency. of Law (2 Ed.), p. 641;…
1Opinion of the CourtReyburn, J.
— After the reversal and remanding of this case by the court (96 Mo. App. 518) a retrial was had, and a verdict returned for plaintiff, from which defendant has appealed. Both parties recognized that the chief, if not the sole, issue at the trial was whether the defendant was liable for waste in removing from the premises, hangers, benches, shafting, etc. The court, in its original charge to the jury, instructed upon the question of damages for waste and injury as follows :
‘ ‘ The court instructs the jury that if they find and believe from the evidence that the defendant rented the premises…
2Cases cited4 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Cattell v. Dispatch Publishing Co.Supreme Court of Missouri · 1885
- Williams v. LaneMissouri Court of Appeals · 1895
- Champ Spring Co. v. B. Roth Tool Co.Missouri Court of Appeals · 1902
3Cited by4 opinions
- Fager v. Commercial Union Assurance Co.Missouri Court of Appeals · 1915
- Hary v. SpeerMissouri Court of Appeals · 1906
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
- Frey v. HuffstutlerMissouri Court of Appeals · 1988